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(영문) 부산지방법원 2017.06.15 2017가단309391
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation running industrial accident compensation insurance business under the Industrial Accident Compensation Insurance Act.

B. A (hereinafter “victim”) is the driver of B concrete mixed truck (hereinafter “instant sea truck”), and the Defendant is the insurer who entered into an insurance contract with the perpetrator on the liability for damages arising from the operation of the instant sea truck.

C. C (hereinafter “victim”) concluded a labor contract with Kim & TD, and had been working in the construction site of an apartment constructed in Busanjin-gu, Busan on February 9, 2009, and the perpetrator was operating the instant sea truck in order to supply concrete to the construction site at the same time and at the same time. After parking, C (hereinafter “victim”) reported on the construction site of the truck.

After the perpetrator getting off the instant sea truck, the truck was cut off, and the truck of this case was cut down depending on the decline (hereinafter “the instant accident”), and the victim was faced with the victim (hereinafter “the victim”). As a result, the victim suffered from injury, such as a pleke, a cryp, alley of a cryp, alley of a cryp, acryp, a fryp, a fryp, and an executive cryp of the right fryp, etc., and caused damage to the number of water, the victim was in the lower half of the body.

E. The Plaintiff recognized the victim’s injury due to the instant accident as an occupational accident, and paid the victim KRW 313,817,10 (=203,976,020) by March 31, 2014, in total, KRW 203,976,020, and KRW 109,841,09,09 for temporary disability compensation benefits and injury-disease compensation annuities (i.e., KRW 203,976,020).

F. By March 31, 2014, the Plaintiff filed a lawsuit against the Defendant for the claim for reimbursement against the industrial accident benefit that the Plaintiff paid to the victim, and became final and conclusive upon receiving a judgment in favor of the Defendant.

(In Busan District Court 2013Gahap40394, Busan High Court 2014Na51480, Supreme Court 2015Da21282, Supreme Court 2015Da21282), the fact that there is no dispute, and Gap 1.

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